August 1687

1,373. Minutes of Council of New England. Resolved that the Governor of Port Royal be written to for satisfaction for the seizure of two ketches by the French. [Col. Entry Bk., Vol. LXIV., p. 133.]

Aug. 4.Jamaica.

1,374. Lieutenant Governor Molesworth to the Lords of the Treasury. In obedience to your order I report on the perquisites of my office. The proper perquisites of the Government are only what arise from the Broad Seal and the Admiralty. The Broad Seal includes two items, patents granted for land, etc., and patents of naturalisation. The perquisites of the Admiralty are upon condemnation of goods and vessels forfeited by law, which are rare, and are generally appraised in favour of the sufferer. The accounts of passing patents on land, etc., from the death of Sir Thomas Lynch to the death of Sir Philip Howard amount to £530, and from that time forward to £25, making in all £555; those from the Admiralty within the same period amount to £115 8s. 4d., making with the other a total of £670 8s. 4d. for the perquisites of three years' government. All escheats are valued by a jury of twelve, and are paid into the Treasury here. Sometimes, though rarely, the Governor makes some profit from the person to whom he grants it, owing to the undervaluation of the jury. But I have gained nothing by this means except a debt of £50, which had otherwise been lost. The profits from liquor licences are paid to the public revenues; passes for ships and marriage-licences belong to the secretary, and are of no profit to the Governor. The salary paid to the Governor in Chief from the revenue here is £2,000 a year. I have been Commander in Chief without dependence on any one since the death of Sir Thomas Lynch, and as I enjoyed all the rights and powers of Governor in Chief I did not doubt my right to the whole salary and have lived up to it. I have spent £6,000 in this near three years of government, so that it is hard for me to pay £3,000 more to Sir Philip Howard's executors and to the Duke of Albemarle. I shall, however, submit, though I hope that the King will make it good to me some other way. It is true that for a little time, while the Assiento was in the hands of the Spaniards, we had a Spanish trade for negroes, by which I made some advantage, though infinitely less than my enemies assert, but these profits came to
me only as a merchant, for the whole trade is supported by my money, credit, and conduct, so that considering the £3,000 I lose of salary I had better not have been Governor. I gave up a considerable trade in sloops that I might better attend to the affairs of the Government, and as factor to the Royal African Company I was sufficiently qualified by my own money and credit to encourage the Spanish trade without any other assistance from Government beyond the King's regulations. I hope, therefore, that the whole of the perquisites may be allowed to me. Signed, Hder. Molesworth. 3½ pp. Endorsed. Recd. 21 November 87 from Mr. Guy. Enclosed,

1,374 I. Account of the perquisites arising to the Governor of Jamaica from the condemnation of ships from 24 August 1684. Total, £115 8s. 4d. Sworn before John White, 16 August 1687. Large sheet. Endorsed.

1,374 II. Account of the perquisites arising from patents of naturalisation within the same period. Total, £140. Sworn 6 August 1687. Large sheet.

1,374. III. Account of the perquisites arising from the grant of patents for land within the same period. Total, £124. Large sheet. [Col. Papers, Vol. LXI., Nos. 1, 1I. –III.]

1,376. Minutes of Council of Maryland. Order for Thomas Taylor to deliver the records of his office to Henry Brent renewed. Letter from Colonel Stevens that he had met the Indians, and that they agreed to send ten of their great men to St. Maries to renew the peace. [Col. Entry Bk., Vol. LIV., pp. 111–113.]

Aug. 5.

1,377. Propositions made by Governor Dongan to the chiefs of the Senecas, Cayongas, Onandagas, Oneidas, and Maquas in the city hall of Albany. Brethren, I am glad to see you, and to learn that you have sustained no loss from the French, who meant to have destroyed you. As soon as I heard of their design I warned you, and came up here myself to be ready to help you. I am just sending a messenger to England to report this invasion of the King's territory and of his brethren, but I wish to know first if you have given any provocation to the French, and if so in what manner. I must know the truth, for this may lead to war between the French and English Kings in Europe. I know the French Governor would not dare to invade you without provocation, if he thought you were the King of England's subjects; but two or three years ago you made a covenant chain with the French contrary to my commands. I knew that it would not last long, for you have no right to treat with any foreign power, and I believe that this is the only reason why the French have fallen upon you. I took it very ill that after you had declared yourselves the King of England's subjects you should ever offer peace or war without my consent. You know we can live without you, but you cannot do without us. You know that I have never told you a lie, and I am here to help you with my advice, for I know the French better than you do. Now
that the French have made war on you I command you to listen to no treaty but by my advice. If you follow it you shall have the benefit of the great chain concluded between the Kings of France and England which came from England, and which I have sent to Canada by Anthony Lespinard. Now my advice is that you kill no French prisoners but keep them, and exchange them for your own people whom they have taken prisoners. Then I would have one or two of your wisest Sachems and as many of your chief captains form a Council to manage the war, that your designs may be kept secret; which Council shall correspond with me. Then I advise you to send messengers to the Ottawas and the further Indians and make a covenant chain with them to expel all French from among them, and make a path for them this way, for they too are the King of England's subjects, so that they can come here freely and trade with us cheaper than with the French. They will pay you a yearly acknowledgment for the path, and you will make a firm league with them against the French. You should also open a path for all the North Indians that are at Ottawa and try likewise to bring them home. They do not dare to come home your way, and the French try to keep them to join with the further nations for your destruction. You know that one of them is worse than six of the others, so you must do your best to bring them home and treat them well as they pass through your country. You shall also send to all the Christian Indians in Canada to come home.

I think it very necessary for your protection to build a fort on the lake, and I would have you tell me what is the most convenient place for it. You should not keep your corn in your castles but bury it a great way off in the wood, that none may know where it is. I have already told you how you are to manage your parties and to get exchange of prisoners. I am glad that you are united and that there are no French spies among you. You remember my advice to you this spring not to go to Cadaraqui. If you had, they would have served your people as they served those that returned from hunting; for I know the French better than you. I find that all the advice that I gave to you while the priest lived at Onandaga was written by him to Canada; so I desire you not to receive him nor any French priests any more. I have sent for English priests for you. Look out sharply against surprise. I believe that all the strength of the French will be at Cadaraqui and Oniagro, where they are building a fort, and at Troy river [Trois Rivières], Montreal, and Chambly. Let me remind you again to make no treaty without me. Now I must chide you and tell you that you are not men of your word, for three years ago the past Governor of Virginia forgave at my mediation all the evil that you had done, and the hatchet was buried in my presence, yet I hear that some of you have killed a gentleman in Virginia, and I hear that a party of Oneidas is still at the head of James river designing to ruin all the Indians thereabout, and to fall on the English out-plantations for that purpose. All this was learned from a Virginian Indian, who was taken by them but escaped. Do you think that you can war with all the Christians in America, who are a thousand against one of you?
You seem to make no difference between friends and foes. What are you about? The Christians would not have endured it from each other, much less from you, who have been protected by me these four years past. So I charge you to send me those prisoners as soon as you are returned to your castles; and I tell you plainly that unless you forbear from mischief, I shall dig up the hatchet, join myself with Lord Howard, and utterly ruin you. Already the French Governor complains that I protect people who murder the King of England's subjects. Do so no more, or I shall protect you no longer. Order your parties in that direction to return, and send no more of them. I will try to stop Lord Howard's mouth that he shall not complain of you to the King, promising that you will give satisfaction as soon as the war with the French is over. I have said this to all of you, but I must exlude the Senecas, who I find are brave, honest men, and who never disobeyed my orders except in making that unlucky peace with the French, which has brought on these troubles. Now I hope you will all obey my orders. Lastly, I recommend the chiefs to allow no man to get drunk during the war. Certified true copy. 6½ large pages. Printed in New York Documents III., 438–441. [Col. Papers, Vol, LXI., No. 3.]

Aug. 6.

1,378. Answer of the Maquas, Oneidas, Onandagas, Cayongas, and Senecas to the Governor's propositions. First a Maqua Sachem made a speech to the Sachems, approving and agreeing with every point in the Governor's speech, and saying that that they now knew that promise without performance was useless. He then addressed the Governor. In answer to your question as to the provocation which we have given to the French, we can think of nothing except that a party of Senecas and Onandagas plundered a French barque at Omagro six years ago, but this was three years before the peace. A year ago, too, some of the Senecas and Onandagas took a hundred beavers from a Frenchman at Oniagro who had no pass, but this was by your orders, and cannot be the ground of quarrel, for we returned the beavers. The only reason that we can think of is that we have given our lands and ourselves to the King of England, as was confirmed here. We war with the far nations because they kill our people when we go hunting, but what have the Christians to do to join one side or the other? Brethren, why not join with us in a just cause when the French join our enemies? The French would fain destroy us and take the whole of the fur-trade to Canada; but do not allow us, who are under your protection, to be destroyed. The French, too, are angry that we guide your traders to the further Indians and open the way for them to Albany. We confess that a party of Onandagas and Senecas plundered some French whom they found supplying their enemies with arms and ammunition, and that they took some Ottawas, who are our enemies, prisoners, but we sent them back by your orders, though they had killed several of our people. As to the Governor's proposals, we shall answer the principal heads only. We think it good advice to make peace with the far Indians, and will send some of their Ottawan prisoners whom we have to effect it. We thank you for the advice, and give
you three belts of wampum for it. We think it good, too, to exchange prisoners with the French, and ask you to be our mediator with the Governor of Canada therein. We do not know if we can make peace with the Twichtwicks, who are our mortal enemies, but we will try, and we give three belts of wampum. We agree, too, to receive no more French Jesuits, and give three belts of wampum. The best place for a fort we think is Cajouhago, where there is a river which runs to Lake Cadaraqui; and we give three belts of wampum. Our young men have done mischief in Virginia. They started before we returned from making the peace, and without our knowledge. If they do so again they shall answer for it. We give four pairs of beaver skins. We will open a path for the far Indians, and send a messenger to them as soon as we return. We give four pairs of beaver skins. We shall fight the French as long as we have a man left, as they have begun so unjustly, and will not make peace without you. We are much inclined to recall the Indian Christians from Canada, but do not see how to do it except by returning some captured men of them to persuade the rest. We give a belt of wampum. We beg you to keep a sharp eye towards Canada, and to warn us of any intelligence from that quarter. We shall keep you fully informed of what occurs in these parts. We give a belt of wampum.

After this some of the Indians asked the Governor, in conversation, to get them a poison of which they had heard, which would kill their enemies without fighting, that they might poison the French. 6 large pages. Certified copy. Printed in New York Documents III., 441–444. [Col. Papers, Vol. LXI., No. 4.]

Aug. 6.

1,379. Information given by three Sachems of the Senecas and another. We do not know for what cause the French have made war on us. Four or five years ago we did plunder some men trading without a pass, but we were ordered to do so; and three years ago we met a company of French going to supply our enemies with arms and ammunition, which we took from them, thinking this very unjust. But there is an old grievance of thirty years ago, when a castle with a French priest therein was besieged by the Senecas and Onandagas. The French always rip this up. All these things were supposed to have been buried by Governor Labarrre three years ago, when he came to Cayhuhage, when it was agreed that the French would make war on the Senecas if they did them any more mischief, which the Senecas accordingly have not done. Then trouble came through a private quarrel of a Seneca with an Ottawa, when the Ottawa was killed; but this is all the harm done to the French or the Allies since the peace, except the plundering of traders without a pass, which was done by order. The Governor of Canada sent for the Sachems of the Five Nations to meet him at Cadaraqui this spring, but, being the King of England's subjects, we took no notice. Then we heard that the French were preparing to make war on us, and sent some men to the Lake-side to spy. Four men went off in a cauoe, with express orders to do the French no harm, and hailed them, but were told to go to the devil. The spies then returned to the Castles, and on approaching the French again later were fired at. The
tribe then withdrew the old men and women from the Castles, and meanwhile the French landed and marched up in that direction. Four hundred and fifty young warriors waited for the French army on a hill before the Castles, and saw the French advance, Indians on each wing and French in the centre. The Senecas being impatient, would not keep order, as told by their officers, but advanced against the left wing while the enemy was halted to rest, and after a volley on each side, fell upon them hand to hand. The enemy's left wing was broken, and the French forced to retire, but they soon halted, and the Senecas seeing that they were too numerous, retreated. 6 large pages. [Col. Papers, Vol. LXI., No. 5.]

Aug. 6.

1,380. Journal of Council and Assembly of Nevis. On the proposal of the Governor and Council, the Assembly voted a donation of 100,000 Ibs. of sugar to Governor Sir Nathaniel Johnson. Orders issued by the Governor and Council, on the proposal of the Assembly, for hire of a vessel to fetch stones for building the forts and for removing the timber for the forts to a safe distance from the shore. On the proposal of the Assembly, the Governor and Council agreed to reduce the rates on liquor to the figures of 1675. A proposal of the Assembly that Indian Castle should be made a place for receiving, paying, and shipping sugar, was postponed, on the application of Mr. Thomas Belchamber. Petition of the Council and Assembly to Sir Nathaniel Johnson, to forward a memorial to the King against the additional tax on sugar in England. Copy of the memorial, setting forth the hardship of the new tax, and that whereas European commodities could formerly be purchased at forty or fifty per cent. profit, the merchants now asked one hundred and fifty to two hundred per cent., giving the tax as the only reason. Act for a donation to Sir Nathaniel Johnson. [Col. Entry Bk., Vol. XLV III., pp. 154–159, and 213–217.]

[Aug. ?]

1,381. Answer of the Hudson's Bay Company to the second memorial of the French Company (see No. 1,369). Since the French Company waives all rights to Hudson's Bay from the mere grants and concession of Kings, we aver again that the right of possession belongs only to the English. Chance voyages or missions sent for the sake of religion cannot prejudice the English title by ancient discovery. If before 1682 any real establishment were made by any other nation than the English (which is not proved by the French), yet the same was an invasion of the English sovereignty. As to the case of Carolina and Pennsylvania, the Treaty of 1632 has no bearing on the question. It is a sufficient answer to most of the French paper to assert that Canada and Hudson's Bay are two distinct provinces. The English, when they owned Canada, did not esteem Hudson's Bay a dependency thereof, and it is to be hoped that the peace between the two Crowns will not be endangered by any such pretensions on the part of others. All who know anything of the Indians know that it is easy to produce submissions and capitulations from them to the French, but no action of these savages can alter an established right. We do not pretend that the French had no knowledge of Hudson's Bay before 1682, being
aware that the French have long envied the prosperity of our trade and settlement, and attempted to undermine their commerce with the Indians, which, however, they could not do until the assault made on the English in 1682, which is averred to be the first pretended settlement of the French on the Bay. The insistence on the services of French deserters show the weakness of the French case. Mons. de Frontenac may have protested, but did the French ever openly claim the Bay until 1682? Why did they allow our trade to pass in silence for twelve years ? It seems because the time for their encroachment was not convenient before 1682. We hope not only for maintenance of our right, but for satisfaction for our losses. Here follows a French translation of the foregoing. [Col. Entry Bk., Vol. XXV., pp. 59–69.]

Aug. 8. Jamaica.

1,382. Lieutenant Governor Molesworth to William Blathwayt. We hear that one Captain Bear, who formerly held a commission from Sir William Stapleton, is turned pirate, and has robbed several of our fleet that sailed from hence. He took £1,000 from a New England man, besides what he took from the Londoners and other ships bound for Ireland, and has chosen his station so that no ships from hence can pass without discovery by him. Captain Spragge is returned from his voyage to Campeachy and Vera Cruz with seventy-one prisoners restored to him by the Spanish Governors. He also brought in six French pirates, who had robbed some of our vessels, and eleven of Coxon's men, who are all to be tried to-day. Spragge told me that he heard from Campeachy that Bear was married at Havanna, and gave himself out as a faithful subject of the King of Spain. I have therefore sent Captain Spragge to Havanna to demand him as a pirate and an English subject. He gave out that his wife was a noblewoman, who ran away with him, and they actually fired the guns of the Castle as a salute to her, while the Governor and most of the chief men of the town were present at the wedding. The nobleman's daughter is a strumpet that he used to carry with him in man's apparel, and is the daughter of a rum-punch-woman of Port Royal. I have hopes that he may be surrendered to me, or, at any rate, not allowed to take his ship to sea again. Eight of Coxon's men are condemned, the other three having turned informers. Of the French, three are condemned, one acquitted, one remanded. Signed, Hder. Molesworth. Recd. 1 Oct. 1687. [Col. Entry Bk., Vol. XXXII., pp. 39–41.]

Aug. 9. Boston.

1,383. Petition of Edward Randolph. Recounts his previous services, and asks for appointment as Secretary of all New England, his previous commission not empowering him as Secretary of Rhode Island and Connecticut, which are now included in New England. Signed, Ed. Randolph. Holograph. 1 p. [Col. Papers, Vol. LXI., No. 6.]

1,385. Governor Sir Robert Robinson to [the Earl of Sunderland]. The Assembly has sat, as I told you, and given the King a small customs-duty, which done, they adjourned, the weather being very hot, till 3 October next, just when all their papers were almost brought to a head. I have permitted several more vessels to go to the wreck, and shall inform you of their success. Pray let me have instructions on this. I have been forced to spend some of the King's tenths on the Castle, forts, and house, for nothing is done as to the house yet, and myself and servants are forced to live in lodgings, to the spoiling of my goods. We want an able lawyer here, or the King will be defrauded of land and negroes, and I shall be unable to erect courts of justice. Moreover, I have no Attorney-General. Pray let me have copy of the Treaty of Neutrality with France. Signed, Robt. Robinson. [Col. Entry Bk., Vol. XVIII., pp. 127–128.]

Aug. 10.

1,386. Minutes of Council of New England. Act concerning barrels and staves passed. Order for a court to try the suspected pirates. Land grants approved. Resolved that the best way of meeting the expense of government is by an import duty and excise on strong liquors. [Col. Entry Bk., Vol. LXIV., pp. 134, 135.]

Aug. 10.Nevis.

1,387. Governor Sir Nathaniel Johnson to Lords of Trade and Plantations. I found the two companies at St. Christopher's much distressed for want of pay, so having by me some provisions which had been sent for the Dartmouth, I had them appraised and let the soldiers have some for their sustenance according to the appraisement. I have carefully inspected the fortifications at St. Christopher's, and the soldiers who were mustered before me. I enclose the muster-rolls, and find that their state has been mis-represented to you, for they are almost complete. My company consists of seventy private sentinels, and Colonel Hill's of seventy-three; but several of them are very ancient, and unfit to bear arms, so if the King will send us forty or fifty recruits, those that are old and already turned planters in the county would be glad to be disbanded, and yet would be of good service on occasion. They have neither drums nor colours, and their arms are in bad order. Their clothes, too, are miserable, and their pay four years in arrear. I beg that their condition may be represented to the King, and that effectual measures may be taken for their support. I have in some measure quieted their minds, by assuring them that they would be relieved as soon as the King knew of their state. There being a vacancy for a lieutenant, I conferred it on Mr. Francis Overton, who was for some time in his Majesty's Guards and did good service in the rebellion in the West, so I hope that he may be confirmed. The fort, though it has cost the country much, is not yet finished. The people told me that the work is so great that they cannot go through with it without the King's assistance. I found but sixteen guns mounted, and those upon very bad carriages, whereas the fort ought to mount fifty. It is so long since the stores were renewed, that at my coming I found but one ladle, and that a very bad one, to load all the guns withal,
I send an inventory of what is necessary, which I hope may be speedily sent here. Since my return from St. Christopher's, Sir James Russell is dead, but as I am here myself, I have not appointed a deputy, nor shall I, unless I move my residence to another Island. Colonel Redmond Stapleton, Lieutenant Governor of Montserrat, is also dead. I have put in a kinsman of my own, Mr. Nathaniel Blakeston, who served for some time abroad, but returned to serve the King at the news of the rebellion in the West. I hope that he may be confirmed in the office. I have enquired into Colonel William Burt's neglect to report a gift of 100,000 lbs. of sugar made to him, but as he was dead before I arrived, his executors pretend ignorance, and that Sir William Stapleton never told him that it was necessary to report the fact. Everyone agrees that he was a good servant to the King, and as it would be the ruin of his family to seize his property for the reimbursement of the present, I have delayed the execution of it till I have the King's orders. I enclose copies of two Acts passed before my arrival, one for confirmation of former wills and testaments, and one against trading with negroes. I enclose also two Acts, one from St. Christopher's, granting me 60,000 lbs. of sugar, the other from Nevis, granting 100,000 lbs. of sugar towards the payment of the expense of my voyage hither, to which I beg the Royal assent. I have not yet been able to visit Antigua and Montserrat, no man-of-war being here at my arrival. It is now the hurricane season, but I hope that the King will send us a ship shortly. I have not yet taken the numbers of the whites and negroes. Signed, N. Johnson. 2½ closely written pages. Endorsed. Recd. 11 Oct. Read 25 Oct. 87. Annexed,

1,387. III. Inventory of stores required for James Fort, St. Christopher's. (1.) Forty or fifty recruits, of whom (2) one or two to be gunsmiths. (3.) Colours, drums, halberds; and firelocks for 160 men. (4.) Rammers, ladles, &, for guns. (5.) A flag or two. (6.) At least thirtyfive cannon, with shot and all other necessaries. ½ p. Endorsed as the preceding. [Col. Papers, Vol. LXI., Nos. 7, 7I.–III., and (despatch only) Col. Entry Bk., Vol. XLVII., pp. 272–275.

[Aug. 10.]

1,388. Petition of Sir Nathaniel Johnson to Lords of Trade and Plantations. Praying for a report to the King, recommending the allowance of the presents granted to him by St. Christopher's and Nevis. 1 p. [Col. Papers, Vol. LXI., No. 8.]

Aug. 10.Nevis.

1,389. The Clerk of Assembly of Nevis to Lords of Trade and Plantations. Forwarding Journals of Council and Assembly from September 10, 1686. Signed, Tho. Thorne. [Col. Entry Bk., Vol. XLVIII., p. 129.]

Aug. 12.

1,390. Journal of Lords of Trade and Plantations. Report of the Commissioners of Customs as to the Acts of Virginia read (see No. 1,337). Order for copies to be sent to Lord Howard of Effingham and Lord Baltimore. Abstract of Lord Howard's letter of 21 May read and referred to Mr. Pepys.

The presentment of the Commissioners of Customs of 1 July, with copy of Mr. Muschamp's letter, read. Copies to be sent to the Proprietors of Carolina, for their reply.

Sir Robert Robinson's letter of 25 April read (see No. 1,217). Copy to be sent to Commissioners of Customs.

Representation of Proprietors of East New Jersey read and referred to the Lords of the Treasury.

1,391. Robert Byndloss to Lords of Trade and Plantations. I can make it clear by abundant evidence that I, who had been one of the Council since 1664, was turned out of it by the malice and falsity of Sir Thomas Lynch. I wrote this in a letter to my brother, wherein I also charged Colonels Samuel Barry, Beeston, and Waterhouse as being parties concerned in the interloping ship Hawk, as well as Mr. Bathurst, Captain Lowe, Mr. Thomas Duck, and Mr. Daniel Hicks. The depositions on this matter were taken in accordance with your orders, and show the complicity of the three first-named. Although the Hawk landed her negroes in the parish of St. George's, and had her provisions ready for her three months before, she arrived by appointment of Barry and Hicks, directed to Mr. Argyle and Mr. Baxter, Argyle being chief of the plantation when the negroes were landed, captain of a troop of horse, Custos Rotulorum, and Chief Judge of the Court since the turning out of Sir Henry Morgan. Only three out of the twelve deponents are any way known to me and none of the parties concerned. It was transacted before Sir Henry Morgan and the two justices, before whom I might have laid twenty more depositions had I been so minded. One of the justices, Major Andrew Langley, passed them on to Argyle, who sent them to Colonel Barry as fast as they were taken, whereby Barry was able to send them home to his friends the interlopers before me. I went down to see the Lieutenant Governor, read copies of the depositions to him, and said that I would send them home, as Mr. Beeston and Mr. Waterhouse had had the impudence to tell their Lordships that my charges were false and malicious. The Governor said that even if I turned them all out and gave great trouble to all concerned at home, why should I be so much concerned about Mr. Beeston, who was but a letter-carrier in all that passed between Sir Thomas Lynch and myself? I replied that I had no prejudice against Mr. Beeston, nor any of them, but simply desired to serve the King by supporting
the Royal African Company. Sir Thomas Lynch, in his exasperation, turned me out and put two fellows over my head, by their Lordships' order as he said, one Colonel Samuel Long, who soon afterwards died, and the other Colonel Samuel Bernard, who sat under me two years when I was Chief Judge, and pleaded under me more than half a year as a private lawyer. This I have had put upon me without being charged with any misconduct. The same treatment of me continued under Colonel Molesworth. I had often told him in Council that if he would but promise to discharge him, Mr. Daniel Hicks would swear to evidence which would prove the complicity both of Barry and Beeston in the transactions of this interloper. I grant that I never so far insisted as to make that part of my proof, though I did insist on the twelve depositions as material. Hicks was never present at the enquiry but once in four times, and was never examined at all. I have often told Colonel Barry to his face that he was an aider and abettor of the whole transaction, and this is proved by the depositions. After my absence, Sir Francis Watson and Colonel Ballard were urged by Sir Charles Modyford, Barry's uncle by marriage, to swear that I had discharged Barry, but they refused. When they came and told me of it. I laughed at it as a dream. They also told me that Sir Charles Modyford was "in a great fit with them," but presently said that he spoke only in jest. As to Colonel Barry's railings, I will not trouble you with them. I do not regret the trouble that I have had in this business for the King's service. Signed, Robt. Byndloss. 3½ pp. Endorsed. Recd. 12 Aug. 86. This letter is in many places so confused and incoherent as to be unintelligible. [Col. Papers, Vol. LXI., No. 9, and Col. Entry Bk., Vol. XXXII., pp. 25–30.]

1,393. William Blathwayt to Samuel Pepys. Forwarding the papers named in the preceding abstract, with instructions to have them ready, together with the letters from Captains Allen and Crofts, to present to the King next Sunday. [Col. Entry Bk., Vol. LXXXIII., p. 175.]

1,395. William Blathwayt to Lord Baltimore. Forwarding copies of the report of the Commissioners of Customs on the Acts of Virginia for restriction in tobacco planting (see No. 1,337) for his observations. Draft with corrections. 1 p. [Col. Papers, Vol. LXI., No. 12.]

Aug. 13.

1,396. Petition of the merchants and owners of Maryland and Virginia to the King. Praying for a law to prohibit the exportation of tobacco in bulk, by which they suffer much. Sixteen signatures. 1 p. Endorsed, with a minute from the secretary to the treasury referring the petition to the Commissioners of Customs. Signed, Hen. Guy, August 13, 1687. [Col. Papers; Vol. LXI., No. 13.]

[Aug. 13.]

1,397. Reasons why the exportation of tobacco in bulk from Maryland and Virginia should be prohibited. I. As regards the King's interest. 1. Bulk tobacco is the only tobacco that is run by seamen and other smugglers. 2. A great deal has been so smuggled into the Kingdom. 3. It compels the King to maintain thrice the number of officers in tobacco ships. 4. It is shipped from Virginia privately to other countries beyond sea. 5. It keeps several such ships from the west and north-west of England employed in smuggling. 6. It causes 25 per cent. loss to the King by waste and shrinkage, which is not the case when it is shipped in cask. 7. It makes it impossible for the master of a ship to make a true report of his lading. 8. It diminishes the number of ships plying to Maryland and Virginia, because tobacco in cask would fill six ships where bulk tobacco fills five. 9. It leads to false oaths and fraud at the Custom house. 10. It suffers much in the voyage. 11. It occasions great loss to merchants and owners by ships putting into places in the hope of running their cargo, whereby they are often lost. II. As regards the government of Virginia. 1. Bulk tobacco defrauds the Government of the twopence a hogshead duty. 2. It prejudices the port-charges by the use of five ships when there might be six. 3. and thereby diminishes shipping and the sale of provisions to ships by one sixth. 4. It enables vast quantities to be exported clandestinely. 5. It disenables masters of ships to give a true report to the Government of their cargo. III. As to shipping and navigation. 1 and 2. Repetition of reasons given already. 3. It occasions great disputes between officers and seamen, as loading in bulk takes a long time. 4. It occasions many suits in the Court of Exchequer, owing to fraudulent dealing. IV. As to merchants and planters. 1. It lowers the price of tobacco, ships which do not carry five hundred hogsheads carrying from forty to sixty thousand pounds in bulk. 2. It injures the fair trader by its facility for fraudulent dealing. 3. It fills the early markets and delays the despatch and sale of goods. 4. It is a trade carried on mostly by ungenerous traders. 5. Little tobacco is sold till the bulk tobacco is disposed of. 6. So merchants are ruined by the delay of shipping and loss of their market.

To remedy all which it is proposed that the shipping of tobacco except in hogsheads be prohibited. If it be said that tobacco cannot be made up in small parcels if bulk be prohibited, we answer that no planter makes so little tobacco as not to fill a hogshead, and that the cost of the cask falls on the merchant. Seamen that bulk the tobacco do not buy it of the planter loose but in cask, and stave the cask and throw it away. Again, the planters' servants get the opportunity of stealing it, which could be prevented, for
it is known that servants have no hogshead tobacco to sell. 3¼ pp. [Col. Papers, Vol. LXI., No. 14, and Col. Entry Bk., Vol. LXXXIII., pp. 148–156.]

Aug. 14.

1,398. The King to Governor Dongan. Your former orders are revoked, and you will permit all vessels bound for Perth in East New Jersey to sail there direct without touching at New York, provided that the Government of East New Jersey permit the King's dues to be peaceably collected. Signed, Sunderland, Arundel, Bath, Middleton, Godolphin, J. Ernle. [Col. Entry Bk., Vol. LXVIII., pp. 163, 164.]

1,400. Warrant for the use of the Great Seal of New York. Countersigned, Sunderland. [Col. Entry Bk., Vol. LXVIII., pp. 164–166.]

Aug. 14.Windsor.

1,401. Order of the King in Council. Granting the Duke of Albemarle leave to return to England from Jamaica at any time for such reasons as he thinks fit, notwithstanding the regulation against the absence of Governors from their Governments without permission. Signed, William Blathwayt. [Col. Entry Bk., Vol. XXXI., p. 309.]

Aug. 15.

1,402. The King to Lieutenant Governor Stede. Ordering Mr. Salter to be sworn of the Council of Barbados. [Col. Entry Bk., Vol. VII., p. 435.]

Aug. 15.

1,403. Bond given by John Wilde for the clearing of the ship George of Boston. Signed, E. Randolph, collector. 1 p. [Col. Papers, Vol. LXI., No. 15.]

1,405. Sailing orders from Lieutenant Governor Molesworth to Captain Thomas Spragge, R.N. Ordering him to sail to Providence to take the pirate Woollerly, and thence to Havanna to demand the surrender of the pirate Bear, or failing that, to seek him out and destroy him. Postscript.—August 18. Leaving the captain liberty to select which of the two places he will first visit. Copy. 2 pp. Endorsed. Recd. 17 November 87. [Col. Papers, Vol. LXI., No. 17.]

Aug. 17.Jamaica.

1,406. Lieutenant Governor Molesworth to William Blathwayt. Captain Spragge was just starting from Havanna when intelligence reached me of the arrival of some pirates with a rich prize at Providence. There they quarrelled and burnt the ship, but some of them had bought a vessel and intended to sail for New England, but were detained by want of provision. It is
said that some of these pirates have at times given half a crown a pound for flour. So I sent Captain Spragge thither first, and afterwards to Havanna, as the enclosed instructions shew. I send you by desire of the persons concerned some depositions of the injustice done to one Jennings, commander of a sloop belonging to Jamaica. He met a ship at sea to which he sold to the value of about six hundred dollars, after which he was taken by a Biscayner and carried into Carthagena, where his vessel was condemned on no other evidence than was forced from him, of having sold these goods at sea. I send also two other depositions concerning the Biscayners, one about a turtling sloop which they robbed near this island with most inhuman treatment of the poor men; the other of their taking a ship belonging to London at Tortugas, carrying her to Caraccas, selling her, and dispersing the people among the fleet. The mate and one more being sent to Vera Cruz, were brought here by Captain Spragge. I have heard a great deal more than I can yet prove of these Biscayners so that they deserve to be called to account for it. I am told that they had no commissions when they came out but were to receive them here from the Viceroy of Mexico, to which purpose two of them were at Vera Cruz when Captain Spragge was there and two more are gone that way since. About a hundred Spaniards landed lately at Petit Guavos in the night, and, the place being thinly inhabited, made themselves masters of the castle, but were all put to the sword by the French, except some who were reserved to be hanged, and the captain, whom they racked to death for having no commission. Signed, Hder. Molesworth. [Col. Entry Bk., Vol. XXXII., pp. 52–54.]

[Aug. 17.]

Enclosures belonging to the foregoing.

1,406. I. Invoice of the cargo of the sloop Phoenix, Captain John Jennings, value £2,160. Sworn the 25th June before John White, Judge Admiral of Jamaica. ½ p Endorsed. Recd. 17 November 87.

1,406. II. Deposition of Antonio Borreo. As to the unsuccessfu attack by a Spanish ship, on which he was a hand, upon an English vessel, and her subsequent capture of a sloop at Tortugas. Sworn 29 June. 1 p. Endorsed as the preceding.

1,406. III. Deposition of John Jennings. As to the sale of par of his cargo at sea; the stranding of his vessel; an attack on her while stranded by a Spanish vessel; the carrying of himself and his vessel to Carthagena; his harsh treatment by the Governor there, and the confiscation of his ship. Sworn 29 July. 1½ pp. Endorsed a the preceding.

1,406. IV. Deposition of Benjamin Porkedod and another of the capture and plunder of the sloop Relief, on which they were sailors, by Biscayners, and the brutal behaviour of the plunderers. Sworn July 4th. 1 p. Endorsed Recd. 17 November 87.

1,407. Minutes of Council of New England. Order that the courts of Maine appointed for Wells to be held instead at Falmouth, and that the inhabitants of Kennebec who refuse to pay rates, shall pay them as part of the town of Wells. [Col. Entry Bk., Vol. LXIV., pp. 135, 136.]

1,411. Commission to Sir Robert Holmes to command a squadron to be sent to the West Indies for suppression of pirates, with power to pardon those who surrender within twelve months and give security for good behaviour. Countersigned, Sunderland. [Col. Entry Bks., Vol. XXII., p. 130, and Vol. C., pp. 9, 10.]

Aug. 24.

1,412. Minutes of Council of New England. Francis Nicholson sworn of the Council. Order for publication of the declaration of indulgence and proclamation against pirates. Order for restoration of his goods to John Danson, wrongly suspected of piracy. Resolved, that commissions shall be given to vessels going to fish at the wreck off Hispaniola. [Col. Entry Bk., Vol. LXIV., pp. 136, 137.]

Aug. 31Boston.

1,413. Governor Sir Edmund Andros to the Earl of Sunder land. Last week Captain Francis Nicholson was sworn of the Council as was ordered, and on the 25th inst. the proclamation against pirates and the Declaration of Indulgence was published Three men have lately been apprehended here for piracy, but on trial have been acquitted. I have lately received letters from Governor Dongan advising me of an incursion of the French upon the Indians on this side the lake. This is of great import to all the neighbouring Colonies. I hear that Mons. Miniell is lately come from France to be Governor of Nova Scotia or Acadia in place of Mons. Perrot, who is going home, that the frigate which brought him is to stay on the coast, and that a fort is to be erected at Port Royal. Some fortification is much needed here that in Castle Island being very small, and unfitted to lodge a garrison. I therefore intend to make some lodgments in a convenient place at the south end of the town, called Fort Hill, very proper to command the town and its approaches by land and sea. I have sent home the accounts of the Colony, with some suggestions as to the best means of increasing the revenue, if the King will sanction them. I have also sent a report on Richard Wharton's claim to lands at Pojebscot and on the claims to the King's province. Signed, E. Andros. 1½ pp. [Col. Papers, Vol. LXI., No. 20A.]

Aug. 31.

1,414. Governor Sir E. Andros to Lords of Trade and Plantations. I send duplicates of various documents, and a statement of the accounts, with some suggestions for increasing the revenue. The incidental charge will be large at first, for it is absolutely necessary to build new fortifications and to repair the old, and I am making a large new battery. Recapitulates substance of preceding letter. Signed, E. Andros. 1 p. Endorsed. Recd. 10. Read 31 October 87. Enclosed,

1,414. II. The state of the King's revenue in New England. Excise is farmed at £450 a year. Customs amounted to £1,346. The amount disposed of by the President and Council is £1,042. Next year's revenue may be estimated at £1,380, which will be short of the expenditure. It is recommended, therefore, to equalise the impost on all wines and raise it to 30s. a pipe; to raise the excise on wines from 50s. a pipe to 1s. a gallon, on spirits from 8d. to 1s. a gallon, and on beer from 1s. 3d. to 2s. 6d. a barrel; and that the King, in lieu of the penny rate, may authorise the Council to levy the sum required to make good deficiencies when the above sources are exhausted, as it thinks best. Estimate of expenditure, incomplete, several items not being filled up. The whole, 3 pp. Endorsed. Recd. 10 October. Read 31 October 1687. A perfect transcript of the accounts is entered in Col. Entry Bk., Vol. LXI., pp. 360–362.

1,414. III. Account of stores of war at Pemaquid and Casco Bay. 1 p. Endorsed. March 28, 1687. Read 10 October 1687.

1,414. IV. Report on Mr. Richard Wharton's claim to lands at Pojebscot. The deeds which he has submitted to me are four, in which he claims lands (1) as the heir of Major Shapleigh; but it does not appear that Shapleigh ever had any estate in the lands referred to; (2 and 3) in virtue of purchase of pretended grants of the Council of Plymouth, which I do not think valid; (4) from a grant from certain Indians, which, not being obtained by particular licence, is invalid. There are many other such claims as these of Wharton's to vast tracts of land, which are a great hindrance to settlement. Signed, E. Andros, Boston, August 24, 1687. 2½ large sheets. Endorsed. Read 31 October 87. Entered in Col. Entry Bk., Vol. LXII., pp. 10–12.

1,414. V. Report of Sir Edmund Andros on the claims to the Narragansett Country. Pursuant to instructions I ordered all claimants to bring in their claims on 22 February last. Some based them on votes of the Assembly of Massachusefts, Connecticut based hers on conquest, others pretended purchases from the Indians, and others put forward a law of Rhode Island; while again there are certain people who call themselves proprietors of the country, whose agents Richard Wharton, Elisha Hutchinson, and John Saffin declare themselves to be. These last base their claims on: (1.) A grant of 1659 by Coginaquon, Sachem of the Narragansett Country, to John Winthrop and others. (2.) A second and further grant by the same Sachem. (3.) A third grant of 1660 from other sachems, on condition of release from a debt of six hundred fathoms of wampumpeage. I find that this third grant was extorted by a troop of horse from Massachusetts, and that the debt was fictitious. On the lands granted by the first deed there is no settlement or improvement. On the lands mentioned in the second deed there have been both settlement and improvement. I find that, as regards the King's title, the country was never granted nor said to be granted since the general grant of all these northern parts by King James the First, until inserted in 14 Car. II. in the Charter granted to Connecticut. But the country was shortly after granted to Rhode Island, and the grant to Connecticut cancelled. In 1664 the claims of the pretended proprietors were disallowed, and although I heard the claims of their agents again in May, they could produce no new title. I gave Richard Wharton, however, about seventeen hundred acres, which he had improved, reserving a small quit rent, and others have now applied for confirmation of their lands which was before barred by the pretensions of the proprietors, as well as for fresh grants. If the King will determine their pretensions
the land can be patented and settled, and all will be quiet. Signed, E. Andros. 4 large sheets. Endorsed. Read 31 October 87. Entered in Col. Entry Bk., Vol. LXII., pp. 3–8.

1,414. VI. Grant by the Sachem Coginaquon of land in the Narragansett Country. 7 June 1659. Copy. 1 p.

1,415. Minutes of Council of New England. John Greene's claim of travelling expenses referred to the Council of Rhode Island for examination. Order for payment of the mill-rents granted to Edward Tyng, the treasurer to give particulars thereof. Order for payment of Isaac Addington for his work in revising the laws. Shadrach Wilbore bound over to answer for a seditious writing sent from Taunton to the treasurer in answer to his warrant for collection of the rate. The constables of the town also to answer for their neglect of duty. [Col. Entry Bk., Vol. LXIV., pp. 138, 139.]

Aug. 31./Sep. 1.New York.

1,416. Examination of Kakariell, a Christian Maqua, brought a prisoner from Canada and Albany. In reply to questions the Indian said that he was ashamed to have left his own country and fought with the French against his own friends, but that he was forced to it, and that all of them would return as soon as a priest came to Saraghtoga. Eight families were just starting when the French began the war against the Senecas, and forced them to go with them. There were about a hundred and forty Christian Indians in all. The whole army met at Montreal and started in a hundred and forty boats, ten men to a boat, and a great many canoes. The French were in front and rear, and the Indians in the middle. Three days took them from Montreal to Cadaraqui and on along the lake to Orondoquot, the Senecas' landing-place. Then the French made a fort and rested three days. Before they landed they captured a British trader on his way to Ottawa. On the second day four Senecas appeared, and the third day after landing the army marched against the Senecas' castles. Next morning, about eight o'clock, several Senecas were seen, and the Governor put all the Indians in the front, mistrusting that they would join the Senecas. Then the Senecas appeared and fell upon the enemy, and had the best of it, making the Indians fly. They broke into the French just where the Governor was, but were forced to retreat. Eight French were killed and many wounded, a Jesuit among them. Advancing next day to the Senecas' castles, they were found to have been burnt. The Governor then spent a few days destroying corn and houses wherever he found them, and so returned to Orondoquot. Two boatloads of Christian Indians escaped on the way from there to Onigora [Niagara]. The French have made a great fort at the latter place, and have put great guns and four hundred Frenchmen into it. Five ships with soldiers
were said to have arrived at Quebec. Last spring a great man with a thousand soldiers arrived from France, and went into the Senecas' country. The Senecas lost sixteen killed in the last action.

Examination of Adandidagliva, a Christian Indian brought in prisoner. I was forced to stay with the French and fight against my own people. The force met at Montreal, the number of French being 2,000 and of the Indians 1,000. Here follows an account of the march and action, differing little from that abstracted above. The French made war on the Senecas because they had plundered Frenchmen and done other mischief. The Maquas in Canada were aiming to return to their own people. I and others were sent by the priest to see whether the Maquas, Oneidas, and Onandagas were united with the Senecas, and the priest said that if they remained neutral their prisoners should be sent home. We did not return to the Maquas because of religion and because we cannot be quiet from disturbance of drunken Indians. Were there a priest at Saraghtoga many would return, having long waited and hoped for it. Sworn before Stephanus Cortlandt. The whole, 18½ pp. Printed in New York Documents, Vol. III., pp. 431–436. [Col. Papers, Vol. LXI., No. 22.]

[Aug.]

1,417. Lords Proprietors of Carolina to Lords of Trade and Plantations. We have considered Mr. Muschamp's complaint of illegal trading at Carolina and conceive the justification thereof to be the discourse of ignorant and loose people only, and not of any concerned in the Government (see No. 1,204). We have constantly given the Governor and Council strict orders to observe the Acts of Trade and Navigation, copies of which we sent out to the Colony many years ago. Our letter to the Governor and Council of 10 September 1685 reminded them again of their duty (see copy annexed), which letter we ordered to be filed in Carolina. As soon as we heard of Mr. Muschamp's appointment as collector in Carolina, we instructed the Governor to help him, so that we doubt not that the ship seized by Mr. Muschamp would have been condemned had the proof against her been sufficient. We have never claimed nor pretended to any exemption from the Acts of Trade in virtue of our Charter, nor do we know what encouragement ships from Ireland and Scotland can have to trade to Southern Carolina, where Mr. Muschamp made the seizure, the inhabitants having hardly overcome the want of victuals yet, and produced no commodities fit for European markets except a few skins purchased from the Indians and a little cedar to fill up the ship that takes the skins to London, the whole not amounting in value to £2,000 yearly. London, too, is the best market for it. The chief subsistence of the first settlers is hogs and cattle, which they sell to the newcomers and so purchase clothes and tools. The ships that carry passengers thither call at the other plantations for freight to England. The harbours of that part of Carolina, which has been longer settled, are so barred by shifting sands as to be dangerous to shipping, wherefore few ships trade down thither, but such small trade as the people have is carried on in shallops from Virginia and New England. The ship seized
by Mr. Muschamp appears to have been trading at the Leeward Islands, and to have come to Carolina to repair, it not being the right reason for loading sugar. Signed, Craven. Copy. 2 pp. Annexed,

1,418. Memorial of the French Commissioners on the subject of Hudson's Bay. Since the two Companies cannot agree we suggest that, to come to an agreement: (1.) The French Company might restore the three forts taken from the English last year, and the English might restore the three forts taken from the French at Nelson in 1683. (2.) That boundaries be laid down to prevent encroachments of the two companies on each other's trade and territory, which lead to quarrels. The Hudson's Bay Company has never drawn so good a trade as when it occupied the three forts above named only, since the distance to be traversed by the Indians is much less than in the case of Port Nelson. This proposal seems the best that can be made, since the two Kings are resolved neither to yield to the other exclusive possession of the bay. If the Hudson's Bay Company has any alternative proposal to make, on this same basis, two Commissioners will be glad to examine it. French. [Col. Entry Bk., Vol. XXV., pp. 69–72.]

August.

1,419. Answer of the Hudson's Pay Company to the foregoing proposal. Having made out the King's right and title to Hudson's Bay, Port Nelson included, we are surprised at this offer of what is our own in exchange for another part of our own, to which the French have no right. Having made out our right and title, we expect justice and the restoration of both these places. The assertion that both King's are resolved not to part with the entire property of the Bay seems to be an effort of the French to gain by treaty what they cannot gain by right, but we hope for better justice from the French King. We therefore reject the proposal, and must represent to his Majesty that if the French be suffered to be sharers in Hudson's Bay, the Company must cease to exist. [Col. Entry Bk., Vol. XXV., pp. 71–74.]